Lembo

On August 13, 1987, our Supreme Court, having earlier granted review in this matter, remanded it to us “with directions to refile [the] opinion [we had] filed on June 12, 1986, with appropriate citations to Pilot Life Insurance Co. v. Dedeaux (1987) 481 U.S. 41 [ 95 L.Ed.2d 39 , 107 S.Ct. 1549 ]. The Reporter of Decisions is directed to publish in the Official Appellate Reports the opinion as refiled.”

We comply.

Defendant Texaco, Inc., appeals from the judgment entered pursuant to a jury verdict which awarded plaintiff Joe M. Lembo $250,000 in general damages and $1 million in punitive damages and plaintiff Winston A. Keene $500,000 in general damages. Texaco contends that “California courts do not have jurisdiction of plaintiffs’ causes of action because of ERISA preemption,” arguing in the alternative that “[e]ven if the state courts have jurisdiction to apply state law to this action, the judgment must be reversed.”

Because we find the preemption issue determinative, we restrict our recitation of “facts” to those alleged in plaintiffs’ complaint. We note, however, that the evidence adduced at trial, even if fully credited, could but confirm these allegations. In…